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A common way of contesting a will is by filing a Family Provision Application

A Family Provision Application is an application to the court by a relevant person seeking a further portion of the deceased person’s estate then they were allocated under the will. The claim is based upon the premise that the deceased person did not make “adequate provision” for the applicant’s “proper maintenance and support”.

Who Can Contest A Will?

Any of the following people can contest a will by bringing a family provision application:

A Spouse (includes a de facto spouse);

Children (biological, adopted or step-child); or

Dependents.

Time Limitations

In order to contest a Will by family provision application, a person must provide notice to the executor of their intention to contest a will within 6 months from the date of the deceased’s death. Subsequently, they must file their application within 9 months from the date of death.

Basis for Contesting a Will

In order to be successful at contesting a Will by filing a Family Provision Application, a person will need to show the following:

The deceased person has failed to make adequate provision for the proper support or maintenance of the Applicant. This means that a person will need to show the court that they have a greater need for more assets than was provided for in the Will at the time of death; and

If the court finds that adequate provision should have been made then the court will then determine what if any provision should be made for the applicant. In other words, the court will look at the applicant’s personal financial circumstances and consider whether they are in need of support.

To determine the basis for contesting a Will, the court will take into account the following factors:

The size of the estate

The Applicant’s financial position, age and health

The relationship between the Applicant and the deceased

Any support given by the deceased

Any discussions regarding intention within the will

Any disproving conduct on the part of the Applicant

Whether you are seeking advice on contesting a will or you are defending an application, Forge Legal’s professional Wills and Estates team is best placed to navigate the court process and procedures to get the outcome that you are rightfully entitled to.

Get the outcome you deserveOur expert team can help

No matter what issue you might be facing, our friendly team is standing by to help you with any enquiries you might have.

Testimonials:

"I thank you so much for your help. Thank you for your patience and work and your fast response when it was needed. ..."

Annette F

"... I am very grateful for their wonderful support and sound advice over a difficult period of my life. I recommend for anyone who needs peace from these kinds of issue to get in touch, have a chat, and breathe a sigh of relief."

Peter Creagh

"... I could not express how appreciative I am with their professionalism in dealing with my two cases. I would recommend them to anyone who is after such great service!"

Alicia Wade

For the past several years Luke and Alex have been guiding me through a minefield of horribly complicated estate and personal issues. Despite this they have always quoted me a very reasonable fixed price for each solution and just quietly they happily worked more hours than they quoted that is for sure (or stayed up late because I needed it). I am very grateful for their wonderful support and sound advice over a difficult period of my life. I recommend for anyone who needs peace from these kinds of issue to get in touch, have a chat, and breathe a sigh of relief.